Employers and Their Duties: The Immigration Act
This month, Simply-Docs has added a policy on Employing Staff from Abroad and has updated its Recruitment Policy in light of changes to the Immigration Act 2016.
Employers are now liable for fines of up to £20,000 for negligently employing illegal workers. Employers can also be prosecuted under the criminal offence of knowingly employing an illegal worker and, from 12 July 2016, employing an illegal worker where they have reasonable cause to believe that the worker does not have permission to work in the UK.
Also from 12 July 2016, individuals who are subject to immigration control commit a criminal offence if they work having been disqualified from working because of their immigration status if they know, or have reasonable cause to believe, that they are disqualified for this reason.
All potential employees are required to provide evidence of entitlement to work in the UK. Employer requests for documentation should therefore be applied to all potential employees, not just those coming from abroad.
The contents of this Newsletter are for reference purposes only and do not constitute legal advice. Independent legal advice should be sought in relation to any specific legal matter.